Submission of rejoinder
V.N.K. MENON
(Querist) 04 February 2018
This query is : Resolved
I had filed a Petition in the High Court for quashing of d/v complaint in the trial court which is time-barred relying upon case laws by the Apex Court. The matter was listed for 18 Jan 2018 and on this day Opposite Party submitted Counter Affidavit. Now as per the order on last hearing (18th Jan) I have to file rejoinder within 4 weeks, i.e. by 18.02.2018, and NDOH is 4 May 2018. The counter affidavit is defective in many ways. The query is whether the proposed appended form of Rejoinder below is right and any improvement or any guidance/suggestion would be highly appreciated from Ld. Experts, please.
High Court of Delhi at New Delhi
Crl.MC. ……
.
NDOH:04.05.2018
Self ------- Petitioner
Vs
ABC------ Respondent
REJOINDER BY PETITIONER TO THE COUNTER AFFIDAVIT FILED BY THE REPONDENT IN RESPONSE TO THE PETITION FOR QUASHING OF TIME-BARRED COMPLAINT AS PER CASE LAWS/ PRECEDENTS.
MOST RESPECTFULLY SHOWETH:
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Prima facie the counter affidavit filed by Respondent has no locus standi.
BECAUSE
In the copy of counter affidavit received by the Petitioner -
(A) There are unnumbered pages in the copy of the Counter Affidavit sent to Petitioner.
(B) To mislead, certain Annexures have been mentioned in the Index, but not marked /identified and there is no congruency between Index and the matter.
(C) In the counter, while answering-Respondent has not adhered to the corresponding number of para with respect to the petition and has been made in a haphazard manner and at random.
(D) The counter is not relevant to the facts/issue in the Petition of quashing time-barred complaint and has been used only to make scandalous allegations against Petitioner.
Preliminary objections:
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1. That it is submitted that contents of the counter affidavit filed by Respondent herein are wrong, concocted and ill-designed to mislead this Hon’ble Court.
2. The counter affidavit filed by the Respondent is false and baseless and the contents thereof are scandalous and defamatory.
3. That denials and evasion are the only defence of the Respondent.
4. There are incontrovertible evidence to prove that the d/v complaint is the result of a conspiracy and has been filed to harrass and extort money.
PARA-WISE REPLY
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1. ............................................
2. ……………………………………..
3. …………………………………..
Dr J C Vashista
(Expert) 08 February 2018
What is the query and your locus standie, i.e., how you are concerned?
Is it real case or topic for debate?
V.N.K. MENON
(Querist) 08 February 2018
Dr. Sir,
I am R-3 in the original complaint and had filed a petition for quashing of complaint in the light of various cases of Apex Court. Ld. APP has accepted notice to produce case status report but not done so for unknown reasons. In fact I had already submitted the same in the petition and is on record.
At the 11th hour in the last hearing Opposite Party filed their Counter and I am supposed to file my Rejoinder, and hence the present query for guidance, if any. Thank you in anticipation.
SHALL I REPEAT THE PROPOSED REJOINDER, PLEASE
PROPOSED REJOINDER
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REJOINDER BY PETITIONER TO THE REPLY FILED BY THE REPONDENT IN RESPONSE TO THE PETITION U/S 482 Cr.PC FOR QUASHING OF TIME-BARRED D/V COMPLAINT R/W S-468 Cr.PC INTERALIA IN ACCORDANCE WITH CASE LAWS/ PRECEDENTS.
MOST RESPECTFULLY SHOWETH:
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Prima facie the reply filed by complaint as counter affidavit is defective and has no locus standi. Though Ld. APP has not given Case Status Report as per the order, yet it is on record at Annexure-P3 (page-51 & 52) of the Petition.
BECAUSE -
In the copy of Reply stated as counter affidavit received by the Petitioner –
(A) There are unnumbered pages in the copy of the Counter sent to Petitioner.
(B) To mislead, no Annexure whatsoever has been identified /marked by the Respondent herein and hence Index is not in conformity with the matter.
(C) In the counter, while answering Respondent has not adhered to the corresponding number of para with respect to the Petition and has been made in a haphazard manner and at random.
(D) The counter is not relevant to the facts in issue in the Petition which is for quashing time-barred complaint and reply has been used merely to make scandalous allegations against Petitioner.
PRELIMINARY OBJECTIONS:
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1. That it is submitted that contents of the reply stated as counter affidavit filed by Respondent herein are wrong, concocted and ill-designed to mislead this Hon’ble Court.
2. The counter affidavit filed by the Respondent is false and baseless and is an attempt to mislead this Hon’ble Court.
3. That on a perusal it can be seen that denials and evasion are the only defence of the Respondent herein.
4. That prima facie itself it can be seen that Respondent is either misconceived or ignorant about ratio decidendi in case laws/ precedents/ directions of the Hon’ble Apex Court which is binding as stated.
REPLY ON MERITS TO “PARA-WISE REPLY”
